Elements of Land Law

'Here is a book whose breadth of purpose and depth of learning are breathtaking.' Peter Butt, [2005] 69 Conv 363 Gray & Gray's Elements of Land Law is the definitive textbook on the subject. The book offers comprehensive coverage of the law in this area. The authors provide an insightful and thought-provoking commentary on the modern development of the subject and go on to explore how land law functions in today's society. The book includes an analysis of recent legislation and case law in England and Wales. There are also references to significant cases from Australia, New Zealand, the United States and Canada, coupled with a detailed account of reforms currently proposed by the English Law Commission. The book demonstrates a thorough understanding of the social and political context of land law and guides the reader through the sometimes difficult terminology of the subject. This fifth edition continues to balance up-to-date coverage of the key issues in land law with a critical survey of cutting-edge research. Building on the strengths of previous editions, the book ensures that excellent scholarship is accessible to an even wider readership: more chapters of shorter length offer the possibility of readers 'dipping' into topics in a non-linear way. A fresh, new format and text design support the re-structuring of content and aid navigability. Readers wanting to explore areas of interest in more depth are encouraged to do so by the exemplary footnoting and referencing.

PART 1. FUNDAMENTAL CONCEPTS ; 1.1 Introduction ; 1.2 Land ; 1.3 Estates and tenures ; 1.4 Law and equity ; 1.5 Property ; 1.6 Human rights ; 1.7 The organisation of proprietary interests in land ; PART 2. POSSESSION AND TITLE ; 2.1 Possession ; 2.2 Title ; PART 3. FREEHOLD OWNERSHIP ; 3.1 The fee simple estate ; 3.2 Freehold ownership of commonhold land ; 3.3 Enforcement of freehold covenants at law ; 3.4 Enforcement of freehold covenants in equity ; PART 4. LEASEHOLD OWNERSHIP ; 4.1 Definitions and characteristics ; 4.2 Creation, disposition and termination of leases ; 4.3 Leasehold obligations ; 4.4 Landlord's remedies for tenant default ; 4.5 Enforeability of leasehold covenants ; 4.6 Enfranchisement and the right to buy ; 4.7 Statutory regimes of landlord and tenant law ; PART 5. EASEMENTS AND PROFITS A PRENDRE ; 5.1 Definitions and characteristics ; 5.2 Creation and termination ; 5.3 Effect on third parties ; PART 6. SECURITY INTERESTS IN LAND ; 6.1 Mortgages and charges ; 6.2 Protection for the mortgagor ; 6.3 Protection for the mortgagee ; 6.4 Remedies of the mortgagee ; 6.5 Priority of mortgages ; 6.6 Rentcharges and rights of entry ; PART 7. BENEFICIAL OWNERSHIP ; 7.1 Trusts ; 7.2 Resulting trusts ; 7.3 Constructive trusts ; 7.4 Co-ownership ; 7.5 Trusts of land ; 7.6 Successive interests ; PART 8. DEALINGS AND THEIR EFFECT ; 8.1 Contract and transfer ; 8.2 Dealings with registered estates ; 8.3 Dealings with unregistered estates ; PART 9. OTHER MODES OF ACQUISITION ; 9.1 Adverse possession ; 9.2 Proprietary estoppel ; 9.3 Succession and donatio mortis causa ; PART 10. PRIVACY, ACCESS AND EXCLUSION ; 10.1 Trespass and privacy ; 10.2 Bare licences ; 10.3 Contractual licences ; 10.4 Licences coupled with an equity or a grant ; 10.5 Impact of licences on third parties ; 10.6 Limits of autonomous control over access ; 10.7 Civic rights of access to land ; PART 11. PUBLIC REGULATION OF LAND ; 11.1 Control of land use ; 11.2 Takings of land